A/HRC/20/26
funding and research priorities, science policies, emerging areas of research, and new
technological applications should entail a participatory process.
44.
Some States have initiated public consultations on scientific advances. The Societal
Dialogue on Nanotechnologies in the Netherlands, for example, catalysed the formulation
of a public agenda, “Responsibly forward with nanotechnologies”, that was submitted to
the Government for its consideration.47 In India, wide-ranging public consultations led the
Government to impose a moratorium on Bt brinjal. 48 A number of countries use consensus
conferences, citizens’ dialogues or other consultative mechanisms49 to elicit the views of
the public.
4.
An enabling environment for the conservation, development and diffusion of science
45.
Under article 15, paragraph 2 of the International Covenant on Economic, Social and
Cultural Rights, States undertake to take the steps necessary for the conservation,
development and diffusion of science. These three interconnected aspects are essential.
46.
Conservation requires the identification and safeguarding of scientific knowledge,
products and tools, including literature, databases, specimens and equipment.
47.
Development demands an explicit commitment to the development of science and
technology for human benefit by, for example, developing national plans of action. Usually,
this implies the adoption of programmes to support and strengthen publicly funded
research, to develop partnerships with private enterprises and other actors, such as farmers
in the context of food security, and to promote freedom of scientific research.
48.
“Diffusion” encompasses the dissemination of scientific knowledge and
applications both within the scientific community and in society at large, including through
publishing research findings. As noted by UNESCO in the preamble to its recommendation
on the status of scientific researchers, open communication of the results, hypotheses and
opinions of research lie at the heart of the scientific process, and also provide the strongest
guarantee of accuracy and objectivity of scientific results. The diffusion of science is a
precondition for public participation in decision-making and essential for fostering further
research, development and applications.50
C.
The issue of limitations
49.
The right to benefit from scientific progress and its applications, including scientific
freedom, may be subjected to limitations, in accordance with relevant international
standards. The Special Rapporteur recalls that such limitations must pursue a legitimate
aim, be compatible with the nature of this right and be strictly necessary for the promotion
of general welfare in a democratic society, in accordance with article 4 of the Covenant on
Economic, Social and Cultural Rights. Any limitations must be proportionate: the least
restrictive measures must be taken when several types of limitations may be imposed.
Furthermore, existing international human rights standards on limitations that can or cannot
be legitimately imposed on rights intrinsically linked to the right to science, such as the
47
48
49
50
Wiebe E. Bijker, “The pubic and issues of science”, Hindu, 10 February 2011. Available from
www.thehindu.com/opinion/lead/article1200370.ece.
Samir Nazareth, “Lessons from the Bt brinjal consultations”, February 2010, Infochange. Available
from http://infochangeindia.org/agriculture/analysis/lessons-from-the-bt-brinjal-consultations.html.
Submissions by Canada, Costa Rica, Germany, Mauritius and Spain.
Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, para.
16(f).
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